Definitions As Described in Oklahoma State Statutes

Sexual Harassment

Sexual harassment is unwelcome sexual advances, requests for sexual
favors and other verbal or physical contact or communication of a sexual
nature when:

Submission to such conduct or communication is made either explicitly
or implicitly as a term or condition of educational benefits,
employment, academic evaluations or other academic opportunities,

Submission to or rejection of such conduct or communication by an
individual is used as the basis for an employment decision or academic
decision affecting such individual, or

Such conduct is sufficiently severe, pervasive or persistent and
objectively offensive that it has the effect of creating an
intimidating, hostile or offensive environment that negatively affects
an individual’s academic or employment environment.

Sexual harassment does not include verbal expressions or written
materials that are relevant and appropriately related to course subject
matter or curriculum, and this policy shall not abridge academic
freedom or the college’s educational mission.

Sexual harassment can create a hostile environment. Sexual harassment
should be reported even if it doesn’t reach the point of creating a
hostile environment. A hostile environment is defined as subjectively
and objectively offensive and sufficiently severe or pervasive to alter
the conditions of the victim’s educational, employment or college environment.

Sexual harassment could occur off-campus and still have an effect on
an individual’s educational, employment or college environment as
well as create a hostile environment. A one-time non-consensual contact
could also create a hostile environment.

Sexually offensive or degrading language used to describe an
individual or remarks of a sexual nature to describe a person’s body or
clothing.

Calling a person a “hunk,” “doll,” “babe,” “sugar,” “honey,” or similar descriptive terms.

Displaying sexually demeaning or offensive objects and pictures.

Making sexual gestures with hands or body movements.

Rating a person’s sexuality.

Unwelcomed touching of a person’s body including massaging a person.

Sexual Violence

Sexual violence is physical sexual acts perpetrated against a
person’s will or where a person is incapable of giving consent. A number
of different acts fall into the category of sexual violence, including
sexual misconduct, stalking, dating violence, and domestic violence.

Sexual Misconduct

Sexual misconduct is a broad term encompassing any non-consensual
contact of a sexual nature. Sexual misconduct may vary in severity and
consists of a range of behavior or attempted behavior including, but not
limited to, the following examples of prohibited conduct:

a. Unwelcome sexual touching/exposure

The touch of an unwilling or non-consensual
person’s intimate parts (such as genitalia, groin, breast, buttocks,
mouth or clothing covering same); touching an unwilling person with
one’s own intimate parts; or forcing an unwilling person to touch
another’s intimate parts. This also includes indecent exposure and
voyeurism.

b. Non-consensual sexual assault

Unwilling or non-consensual penetration of any bodily
opening with an object or body part. This includes, but is not limited
to, penetration of a bodily opening without effective consent through
the use of coercion.

c. Forced sexual assault

Unwilling or non-consensual penetration of
any bodily opening with any object or body part that is committed either
by force, threat, intimidation, or through exploitation of another’s
mental or physical condition (such as lack of consciousness,
incapacitation due to drugs or alcohol, age, or disability) of which the
assailant was aware or should have been aware.

Effective Consent is:

informed;

freely and actively given;

mutually understandable words or actions; and

willingness to participate in mutually agreed upon sexual activity.

Further:

Initiators of sexual activity are responsible for obtaining effective consent.

Silence or passivity is not effective consent.

The use of intimidation, coercion, threats, force or violence negates any consent obtained.

Consent is not considered effective if obtained from an individual who is incapable of giving consent due to the following:

mental, developmental, or physical disability; or

s/he is under the legal age to give consent; or

s/he is incapacitated by alcohol, beer or under the influence of drugs.

Individuals who commit acts of sexual misconduct assume
responsibility for their behavior and must understand that the use of
alcohol or other drugs does not reduce accountability for their actions.

Examples of sexual misconduct violations:

Ignoring an individual’s protest and engaging in sexual activity.

Convincing somebody to have sex likely constitutes intimidation or
coercion. If someone is coerced, the yes is not effective consent.

Drinking and/or drug use may render an individual incapable of giving
consent for sexual activity. For example, someone who is incapacitated
may agree to have sex at the time, but have no memory of the consent.
This person may have been functioning in a “blackout” and could not give
effective consent.

Holding a person down or preventing a person from leaving the room and
forcing him or her to engage in sexual activity against his/her will.

Stalking

Stalking is to engage in a course of conduct directed at a specific
person that would cause a reasonable person to fear for his or her
safety or the safety of others; or suffer substantial emotional
distress.

Stalking is defined to mean two or more acts, including, but not
limited to, acts in which the stalker directly, indirectly, or through
third parties, by any action, method, device, or means, follows,
monitors, observes, surveils, threatens, or communicates to or about a
person, or interferes with a person's property.

Substantial emotional distress would include significant mental
suffering or anguish that may, but does not necessarily, require medical
or other professional treatment or counseling.

Stalking is the willful, malicious, and repeated following or
harassment of a person in a manner that would cause a reasonable person
to feel frightened, intimidated, threatened, harassed or molested and
actually causes the person being followed or harassed to feel
terrorized, frightened, intimidated, threatened harassed or molested.
Stalking also means a course of conduct composed of a series of two or
more separate acts over a period of time, demonstrating a continuity of
purpose or unwelcomed contact with a person that is initiated or
continued without the consent of the individual or in disregard of the
expressed desire of the individual that the contact be avoided or
discontinued. This may include repeatedly contacting another person
(through any means, such as in person, by phone, electronic means, text
messaging, etc.), following another person, or having others contact
another person.

Any actions that a stalker takes to contact, harass, track or frighten another that could include repeatedly:

following

unsolicited visits or communication

using online social media inappropriately

damaging property

showing up at places an intended victim frequents

sending unsolicited mail, e-mail, texts and pictures

creating a website about a target of stalking

sending unsolicited gifts

stealing things that belong to intended victim

calling repeatedly.

Stalking can occur by someone that is known casually, a current
boyfriend or girlfriend, someone dated in the past or a stranger.
Definition consistent with Violence Against Women Act Volume 79 CFR and Oklahoma state statute.

Dating Violence

Dating violence is committed by a person who is or has been in a
social relationship of a romantic or intimate nature with another
person. The existence of such relationship shall be determined based on a
consideration of the following factors:

Length of the relationship

Type of relationship

Frequency of interaction between the persons involved in the relationship.

Dating violence includes, but is not limited to, sexual or
physical abuse or the threat of such abuse. Dating violence does not
include acts that meet the definition of domestic violence.

Definition consistent with Violence Against Women Act Volume 79 CFR.

Domestic Violence

Domestic violence is a crime of violence committed by a;

current or former spouse or intimate partner of the victim,

person with whom the victim shares a child in common,

person who is cohabitating with or has cohabited with the victim as a spouse,

person similarly situated to a spouse of the victim.

Domestic violence is a pattern of abusive behavior in any
relationship that is used by one partner to gain or maintain power and
control over another intimate partner. Domestic violence can be
physical, sexual, emotional, economic or psychological actions or threat
of actions that influence another person.

Definition consistent with Violence Against Women Act Volume 79 CFR.

Retaliation

The college will not tolerate retaliation against a person who, in
good faith, brings a complaint forward. Retaliation against an
individual who has brought a complaint forward or against an individual
who has participated in an investigation or conduct process is
prohibited.

Oklahoma State Statutes

The following are the definitions as described in Oklahoma State
Statues and not necessarily the definition the college has for these
terms.

These definitions can be found in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act.

Assault: Assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.

Domestic Abuse/Violence:
Any act of physical harm, or threat of imminent physical harm which is
committed by an adult, emancipated minor, or minor child thirteen (13)
years of age or older against another adult, emancipated minor or minor
child who are family or household members or who are or were in a dating
relationships. (§22-60.1/§43-107.1)

children, including grandchildren, stepchildren, adoptive children and foster children,

persons otherwise related by blood or marriage,

persons living in the same household or who formerly lived in the same household, and

persons who are the biological parents of the same child, regardless
of their marital status, or whether they have lived together at any
time. This shall include the elderly and handicapped

“Dating relationship” means a courtship or engagement relationship.
For purposes of this act, a casual acquaintance or ordinary
fraternization between persons in a business of social context shall not
constitute a dating relationship.

Harassment: A
knowingly and willful course or pattern of conduct by a family or
household member or an individual who is or has been involved in a
dating relationship with the person, directed at a specific person which
seriously alarms or annoys the person, and which serves no legitimate
purpose. The course of conduct must be such as would cause a reasonable
person to suffer substantial emotional distress, and must actually cause
substantial distress to the person. “Harassment” shall include, but not
be limited to, harassing or obscene telephone calls in violation of
Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or
bodily harm

children, including grandchildren, stepchildren, adoptive children and foster children,

persons otherwise related by blood or marriage,

persons living in the same household or who formerly lived in the same household, and

persons who are the biological parents of the same child,
regardless of their marital status, or whether they have lived together
at any time. This shall include the elderly and handicapped

“Dating relationship” means a courtship or engagement relationship.
For purposes of this act, a casual acquaintance or ordinary
fraternization between persons in a business of social context shall not
constitute a dating relationship.

Stalking: The
willful, malicious, and repeated following or harassment of a person by
an adult, emancipated minor, or minor thirteen (13) years of age of
older, in a manner that would cause a reasonable person to feel
frightened, intimidated, threatened, harassed, or molested and actually
causes the person being followed or harassed to feel terrorized,
frightened, intimidated, threatened, harassed or molested. Stalking also
means a course of conduct composed of a series of two or more separate
acts over a period of time, however short, evidencing a continuity of
purpose or unconsented contact with a person that is initiated or
continued without the consent of the individual or in disregard of the
expressed desire of the individual that the contact be avoided or
discontinued. Unconsented contact or course of conduct includes, but is
not limited to:

following or appearing within the sight of that individual,

approaching or confronting that individual in a public place or on private property,

appearing at the workplace or residence of that individual,

entering onto or remaining on property owned, leased, or occupied by that individual,

contacting that individual by telephone,

sending mail or electronic communications to that individual, or

placing an object on, or delivering an object to, property owned, leased or occupied by that individual

Rape is an act of
sexual intercourse involving vaginal or anal penetration accomplished
with a male or female who is not the spouse of the perpetrator and who
may be of the same or the opposite sex as the perpetrator under any of
the following circumstances:

1. Where the victim is under sixteen (16) years of age;

2. Where the victim is incapable through
mental illness or any other unsoundness of mind, whether temporary or
permanent, of giving legal consent;

3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;

4. Where the victim is intoxicated by a
narcotic or anesthetic agent, administered by or with the privity of the
accused as a means of forcing the victim to submit;

5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;

6. Where the victim submits to sexual
intercourse under the belief that the person committing the act is a
spouse, and this belief is induced by artifice, pretense, or concealment
practiced by the accused or by the accused in collusion with the spouse
with intent to induce that belief. In all cases of collusion between
the accused and the spouse to accomplish such act, both the spouse and
the accused, upon conviction, shall be deemed guilty of rape;

7. Where the victim is under the legal
custody or supervision of a state agency, a federal agency, a county, a
municipality or a political subdivision and engages in sexual
intercourse with a state, federal, county, municipal or political
subdivision employee or an employee of a contractor of the state, the
federal government, a county, a municipality or a political subdivision
that exercises authority over the victim; or

8. Where the victim is at least sixteen
(16) years of age and is less than twenty (20) years of age and is a
student, or under the legal custody or supervision of any public or
private elementary or secondary school, junior high or high school, or
public vocational school, and engages in sexual intercourse with a
person who is eighteen (18) years of age or older and is an employee of
the same school system.

Rape is an act of sexual intercourse
accomplished with a male or female who is the spouse of the perpetrator
if force or violence is used or threatened, accompanied by apparent
power of execution to the victim or to another person.